TERMS & CONDITIONS (AIR FREIGHT)
The customer’s attention is drawn to specific clauses hereof which exclude or limit the company’s liability and those which require the customer to indemnify the company in certain circumstances and those which limit time being clauses 4.0 & 4.1 inclusive 7.0 – 7.3 inclusive 10.0 – 13.0 inclusive***All headings are indicative and do not form part of these conditions. When ordering COEDMA FREIGHT INTERNATIONAL LTD you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment that the Terms and Conditions shall apply from the time that COEDMA FREIGHT INTERNATIONAL LTD accepts the Shipment unless otherwise agreed in writing by an authorised officer of COEDMA FREIGHT INTERNATIONAL LTD Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
1.0 DEFINITIONS AND APPLICATION
***In these conditions the following words shall have the following meanings:-
“Shipment” means all documents or parcels that travel under one way bill and which may be carried by any means COEDMA FREIGHT INTERNATIONAL LTD chooses, including air, road or any other carrier. A “waybill” shall include any paper waybill produced by COEDMA FREIGHT INTERNATIONAL LTD automated systems or via the Internet, airway bill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein.
“Consignee” the Person to whom the goods are consigned
“Customer” any person at whose request on whose behalf the Company undertakes any business or provides advice, information or services
“Goods” the cargo to which any business under these conditions relates
“Person” natural person(s) or any body or bodies corporate
“Transport Unit” packing case, pallets, container, trailer, tanker or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air
“Owner” the Owner of the Goods or Transport Unit and any other person who is or may become interested in them.
2.0 Customs, Exports and Imports
COEDMA FREIGHT INTERNATIONAL LTD may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper:
1. Complete any documents, amend products or service codes and pay any duties or taxes required under applicable laws and regulations,
2. act as Shipper’s forwarding agent for Customs and export control purposes and as Receiver solely for the purpose of designating a Customs broker to perform Customs clearance and entry and
3. Redirect the Shipment to Receiver’s import broker or another address upon request by any person whoCOEDMA FREIGHT INTERNATIONAL LTD believes in its reasonable opinion to be authorised.
3.0 Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation; no Customs declaration is made when required by applicable Customs regulations; or we decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
4.0 Deliveries & Undeliverable Shipments
Cannot be delivered to P. O. boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for deliver, or the shipment is deemed to be unacceptable, or it has been undervalued for Customs purposes, or the Receiver cannot be reasonably identified or located, COEDMA FREIGHT INTERNATIONAL LTD shall use reasonable efforts to return the Shipment to the Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by COEDMA FREIGHT INTERNATIONAL LTDwithout incurring any liability whatsoever to shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to the Shipper.
4.1.1 Failure to take delivery
Should the Customer, Consignee, Receiver or Owner of the goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and as such costs shall, upon demand, be paid by the Customer.
4.1.2 I Failure to make payment before delivery Should the customer fail to pay for goods in full before they arrive at destination goods will be put on hold for a period of 30 days after which goods shall be sold to recover costs without notice. During the 30 day period goods shall incur a storage charge of £5 in the first week and thereafter £2 per day until goods are collected.
COEDMA FREIGHT INTERNATIONAL LTD has the right to open and inspect a Shipment without prior notice to the Shipper.
6.0. Shipment Charges & Billing
COEDMA FREIGHT INTERNATIONAL LTD charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by COEDMAFREIGHT to confirm this calculation. Shipper shall pay or reimburse COEDMA FREIGHT INTERNATIONAL LTD for all Shipment charges, storage charges, duties and taxes owed for services provided by Air Courier International or incurred by COEDMA FREIGHT INTERNATIONAL LTD on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.
7.0 COEDMA FREIGHT INTERNATIONAL LTD Liability
COEDMA FREIGHT INTERNATIONAL LTD contracts with the Shipper on the basis that, COEDMA FREIGHT INTERNATIONAL is strictly limited to direct loss only and to the per kilo limits. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to COEDMA FREIGHT INTERNATIONAL LTD attention before or after acceptance of the Shipment since special risks can be insured by the Shipper.
If a shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise.
COEDMA FREIGHT INTERNATIONAL LTD liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of £STERLING 100 or:
7.1 £STERLING 3.00/kilogram for Shipments transported by air or other non-road mode of transportation.
7.2 Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage
7.3 Where other parties/operators (such as shipping lines, airlines or truck operators) are entrusted to complete all or part of the transportation movement and where a combined transport waybill or bill of lading is used, the shipper agrees in turn to accept the operators’ Standard Trading Conditions, which override those set by COEDMA FREIGHT INTERNATIONAL LTD.
8.0 Time Limits for Claims
All claims must be submitted in writing to COEDMA FREIGHT INTERNATIONAL LTD within thirty (30) days from the date that COEDMA FREIGHT INTERNATIONAL LTD accepted the Shipment, failing which COEDMAFREIGHT shall have no liability whatsoever.
9.0 Shipment Insurance
COEDMA FREIGHT INTERNATIONAL LTD does not offer Insurance services. Customers are free to insure their goods if they feel the need to.
10.0 delayed Shipments
COEDMA FREIGHT INTERNATIONAL LTD will make every reasonable effort to deliver the Shipment according to COEDMA FREIGHT INTERNATIONAL LTD regular delivery schedules, but these are not guaranteed and do not form part of the contract. COEDMA FREIGHT INTERNATIONAL LTD is not liable for any loss, damages or loss income caused by delays.
11.0 Circumstances beyond COEDMA FREIGHT INTERNATIONAL LTD control
COEDMAFREIGHT is not liable for any loss or damage or loss of income arising out of circumstances beyond COEDMA FREIGHT INTERNATIONAL LTD control. These include but are not limited to:- “Act of God” – e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” – e.g., plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known by COEDMA FREIGHT INTERNATIONAL LTD; riot or civil commotion; any act or omission by a person not employed or contracted by COEDMA FREIGHT INTERNATIONAL LTD e.g. Shipper, Receiver, third party, Customs and Exercise or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
12.0 Warsaw Convention
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention (“Warsaw”), if applicable, governs and in most cases limitsCOEDMA FREIGHT INTERNATIONAL LTD liability for loss or damage loss of income.
13.0 Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold COEDMA FREIGHT INTERNATIONAL LTD harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s failure to comply any applicable laws or regulations and for Shipper’s breach of the following warranties and representation:-
All information provided by Shipper or its representatives is complete and accurate; the Shipment was prepared in secure premises by Shipper’s employees; Shipper employed reliable staff to prepare the Shipment; Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to COEDMA FREIGHT INTERNATIONAL LTD; the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; all applicable Customs, import, export and other laws and regulations have been complied with; and the waybill has been signed by shipper’s authorised representative and the terms and Conditions constitute binding and enforceable obligations of Shipper.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
15.0 Governing Law
Any dispute arising under or in any way connected with these Terms and conditions shall be subject, for the benefit of COEDMA FREIGHT INTERNATIONAL LTD, to the non-exclusive jurisdiction of the courts of, and governed by law of, the country of origin of the Shipment and the Shipper irrevocably submits to such jurisdiction, unless contrary to the applicable law.
16.0 Severe Ability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.